GIAN KAUR Vs. MANJIT BAHADUR SINGH BAWA

JUDGEMENT

(1.) GIAN Kaur-defendant No.1 who was successful in the trial Court but has been unsuccessful in the lower Appellate Court has filed this second appeal.

(2.) RESPONDENT No.1-plaintiff Manjit Bahadur Singh Bawa filed suit against defendant No.1-appellant and against defendant No.2/proforma respondent no.2 Surinder Kaur. It is undisputed that suit land measuring 11 marlas was owned by Mohan Singh father of defendant No.2 along with other land. On death of Mohan Singh, his inheritance mutation was sanctioned in favour of defendant No.2 on the basis of natural succession. Gian Kaur-defendant No.1-appellant filed civil suit against defendant No.2- Surinder Kaur on the basis of Will allegedly executed in favour of Gian Kaur by Mohan Singh. During pendency of he said suit, defendant No.2 sold the suit land to plaintiff vide sale deed dated 18.05.2001 registered on 21.05.2001. Thereafter, defendant No.2 on the basis of compromise suffered decree in favour of defendant No.1. The plaintiff while purchasing the suit land from defendant No.2 was not aware of the pendency of the suit filed by defendant No.1 against defendant No.2. In the instant suit, the plaintiff sought joint possession of the suit land by setting aside judgment and decree dated 20.12.2002 passed in Civil Suit No.38 of 1999 filed by Gian Kaur against Surinder Kaur.

(3.) LEARNED Additional Civil Judge (Senior Division), Kapurthala vide judgment and decree dated 25.09.2006 dismissed the suit. However, first appeal preferred by plaintiff has been allowed by learned Additional District Judge, Kapurthala vide judgment and decree dated 19.07.2011 and thereby suit of the plaintiff stands decreed. Feeling aggrieved, defendant No.1 has filed this second appeal.